[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR28.1]

[Page 243-244]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 28--FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 28.1  Purpose.


    (a) The enabling legislation for Fire Island National Seashore (the 
Seashore) mandated the Secretary of the Interior (the Secretary) to 
issue regulations which provide standards for local zoning in order to 
protect and conserve Fire Island. The regulations in this part set forth 
Federal standards to which local ordinances for Fire Island must conform 
to enable certain private property within the Seashore to be exempt from 
Federal condemnation. The standards also apply to use and development of 
public property. From time to time these standards may be reviewed and 
revised. These standards are intended:
    (1) To promote the protection and development of the land within the 
Seashore, for the purposes of the Fire Island National Seashore Act (the 
Act),

[[Page 244]]

by means of size, location, or use limitations or restrictions on 
commercial, residential, or other structures with the objective of 
controlling population density and protecting the island's natural 
resources;
    (2) To limit development and use of land to single-family homes, to 
prohibit development and use of multiple family homes, and to prohibit 
the conversion of structures to multiple family homes;
    (3) To prohibit commercial or industrial uses initiated after 
September 11, 1964 or the expansion of existing commercial or industrial 
uses on any property within the Seashore which is inconsistent with the 
Federal standards and approved local ordinances or the purposes of the 
Act, is likely to cause a significant harm to the resources of the 
Seashore or will not provide a service to Fire Island;
    (4) To recognize that the zoning authorities have the primary 
responsibility for zoning enforcement within the Seashore;
    (5) To provide that private property within the Community 
Development District may be retained by its owner as long as it is 
maintained in accordance with approved local ordinances and the Federal 
standards;
    (6) To provide that, within the Seashore District, private 
``improved property'' may be retained by its owner as long as it is 
maintained in accordance with approved local ordinances, and the Federal 
standards;
    (7) To provide that, in the Dune District, private undeveloped 
property, if otherwise subject to condemnation, may be retained by its 
owner as long as it is maintained in its natural state; and
    (8) To provide a mechanism for the Superintendent to inform 
landowners and the zoning authority if a use or development will be 
inconsistent with the Federal standards or the purposes of the Act and 
may subject the property to condemnation, subject to available funds.
    (b) The Secretary may utilize any other statutory authority 
available to the Secretary for the conservation and development of 
natural resources to the extent the Secretary finds that such authority 
will further the purpose of the Act.